CITY OF SAN DIEGO
COUNCIL AGENDA
COUNCIL PRESIDENT
Sean Elo-Rivera • Ninth District
COUNCIL PRESIDENT PRO TEM
Monica Montgomery Steppe • Fourth District
COUNCILMEMBERS
Joe LaCava • First District
Jennifer Campbell • Second District
Stephen Whitburn • Third District
Marni von Wilpert • Fifth District
Kent Lee • Sixth District
Raul A. Campillo • Seventh District
Vivian Moreno • Eighth District
Charles Modica Mara W. Elliott
Independent City Attorney
Budget Analyst
Diana J.S. Fuentes
Interim City Clerk
City Administration Building
City Council Chambers- 12th Floor
202 C Street San Diego, CA 92101
Virtual Participation: https://sandiego.zoomgov.com/j/1601143486 To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 160 114 3486 Monday, February 27, 2023
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
MONDAY, FEBRUARY 27, 2023, AT 10:00 AM and 2:00 PM
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
Monday, February 27, 2023
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CITY COUNCIL MEETING
Virtual Participation: https://sandiego.zoomgov.com/j/1601143486 To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 160 114 3486 Effective April 11, 2022, Council Chambers is open for in-person testimony.
FURTHER INFORMATION ON HOW TO PARTICIPATE IN THIS
MEETING IS FOUND AT THE END OF THE AGENDA
LATE-ARRIVING MATERIALS
Pursuant to the Brown Act, California Government Code Section 54957.5(b), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “Late Arriving Materials” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS As required by the Americans with Disabilities Act (ADA), requests for agenda information to be made available in alternative formats, and any requests for disability-related modifications or accommodations required to facilitate meeting participation, including requests for alternatives to observing meetings and offering public comment as noted above, may be made by contacting the City Clerk at (619) 533-4000 or mailto:[email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Requests for translation services to offer public comment may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected] . The City is committed to addressing language translation requests swiftly in order to maximize public participation.
Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público.
Upang kayo ay matulungan na maisalin sa wikang Ingles ang inyong mga puna, mungkahi, o komento para sa Bayan ng San Diego, maaari pong makipag-ugnayan sa City Clerk sa telepono (619-533-4000) o email ([email protected]). Hangad ng Pamahalaang Bayan ng San Diego ang inyong pakikilahok sa usapang pambayan at handa itong magbigay ng agarang tulong na kinakailangan sa pagsasaling-wika ng inyong mga komento.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng.
Monday, February 27, 2023
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يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如
你有任何關於 '公開意見' 想發表， 請致電: (619) 533-4000， 或電郵
[email protected] 我們會為你翻譯。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
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NOTICE: THE CITY COUNCIL MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY STAFF DO NOT LIMIT ACTIONS THAT THE CITY COUNCIL MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON
THE RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
PLEASE NOTE: CLOSED SESSION PUBLIC COMMENT IS TAKEN DURING THE 10 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT THE
CONCLUSION OF THE CLOSED SESSION PUBLIC COMMENT AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 2 PM.
MONDAY, FEBRUARY 27, 2023 AT 10:00 AM
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON CLOSED SESSION
Monday, February 27, 2023
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MONDAY, FEBRUARY 27, 2023 AT 2:00 PM
ROLL CALL
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
INFORMATIONAL ITEMS
Item 200: Police Fiscal Year 2023 Appropriation Ordinance Update.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Department General Fund overtime expenditures through Period 5 (November) are $21.3 million of the Department’s total overtime budget of $40.2 million.
Overall, Department overtime is projected to be over its overtime budget by approximately $9.2 million at the end of the year.
The primary reason for the increase is due to the department taking a proactive approach to increases in violent crime and staffing shortages. Additionally, approximately $1.0 million of the overtime increase is due to union negotiated salary increases approved after the budget was developed.
Council District(s) Affected: Citywide.
Proposed Actions: This item is informational only.
Committee Actions Taken: N/A
Police Department: Kyle Meaux, (619) 531-2221
Monday, February 27, 2023
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ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 201: Fiscal Year 2023 Mid-Year Budget Monitoring Report.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
See attached Fiscal Year 2023 Mid-Year Budget Monitoring Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-404)
Resolution amending appropriations in the Fiscal Year 2023 Budget in accordance with recommendations in the Fiscal Year 2023 Mid-Year Budget Monitoring Report.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on February 8, 2023.
ACTION: Motion by Committee Member LaCava, second by Committee Member Lee, to recommend Council approval of Staff's proposed actions with a request that the Police Appropriate Ordinance Update be heard as a separate item at full Council.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Department of Finance: Ambar Gutierrez, (619) 533-6297
City Attorney Contact: Bret A. Bartolotta
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Monday, February 27, 2023
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ADOPTION AGENDA
Item 202: ECB Georgia Street Vacation – Project No. 699360.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
All processing costs are paid from a deposit account maintained by the applicant.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-402)
Resolution determining that this Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15305.
This resolution also determines that an exception to the exemption as set forth in CEQA Guidelines section 15300.2 does not apply;
Directing the City Clerk to file a Notice of Exemption with the Clerk of the Board of Supervisors for the County of San Diego regarding the Project.
This item is not subject to the Mayor's veto.
Subitem-B: (R-2023-401)
Resolution ordering vacated Public Right-of-Way Vacation No. 2592174, as more particularly described in the legal description and shown on Drawing No. 42596-B, both attached to this resolution, subject to the condition to assure the closure of the alley entrance and restoration of curb, gutter and sidewalk on Georgia Street.
This resolution also reserves and excepts from Public Right-of-Way Vacation No. 2592174 an easement for public utility purposes.
This resolution also orders the Development Services Department record a certified copy of this resolution with attached exhibits, attested by the City Clerk under seal, in the Office of the County Recorder..
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Bryan Hudson, (619) 446-5333
City Attorney Contact: Noah J. Brazier
DISCUSSION, NOTICED HEARINGS:
Monday, February 27, 2023
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Item 203: Appeal of the Environmental Determination for the Inn at Sunset Cliffs - Project No. 231328.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
None with this action. All costs related to processing this project are covered by a deposit account maintained by the applicant. In addition, each appellant paid a fee as required per SDMC Section 112.0510.
Council District(s) Affected: 2.
Proposed Actions:
Appeal of the Mitigated Negative Declaration No. 231328/SCH No. 2014081073 for a Site Development Permit allowing the demolition and removal of an existing seawall, related structures, concrete deck and fire pits, and construction of a new seawall easterly of the current seawall on the site developed with the Inn at Sunset Cliffs, located at 1370 Sunset Cliffs Boulevard, within the Ocean Beach Community Plan area.
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination of Mitigated Negative Declaration No. 231328/SCH No. 2014081073; or
(2) By a majority vote, grant the appeal and set aside the environmental determination in accordance with San Diego Municipal Code Section 112.0520(f).
Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter;
If the City Council grants the appeal, the lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Martha Blake, (619) 446-5375
City Attorney Contact: Corrine Neuffer
Monday, February 27, 2023
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NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Monday, February 27, 2023
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PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no public testimony.
Item 250: Approval of the Final Map “Valley Ridge Estates Unit 2”.
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Valley Ridge Estates Unit 2" (V.T.M. No. 537335, PTS No. 97083) located on the north of Del Mar Mesa Road, west of Little McGonigle Ranch Road, in the AR-1-1 Zone of the Del Mar Mesa Specific Plan, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council.
A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion.
If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Frederick R. LePage (619) 446-5434.
Monday, February 27, 2023
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NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Monday, February 27, 2023
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Effective April 11, 2022, Council Chambers is open for in-person testimony.
COVID- 19 PUBLIC SERVICE ANNOUNCEMENT REGARDING COUNCIL MEETING ACCESS AND PUBLIC COMMENT:
Until further notice, City Council meetings will be conducted pursuant to the provisions of California Government Code section 54953(e), added by Assembly Bill 361, which allows the City to use teleconferencing and to provide the public an opportunity to address the City Council via a call-in option or an internet-based service option, during a proclaimed state of emergency.
During the State of Emergency related to the COVID-19 pandemic and in the interest of public health and safety, some, if not all, City Councilmembers may be participating in the City Council meetings via a virtual teleconference platform. Members of the public in attendance at the City Council meetings are encouraged to maintain social distancing in Chamber. Additionally, we are continuing to provide alternatives to in-person attendance for participating in City Council meetings.
How To Speak To A Particular Item or during Non-Agenda Public Comment:
Members of the public shall be given the opportunity to address the Council. The Council President may determine the number of speakers on an agenda item or reduce the amount of time available to each speaker to appropriately manage the meeting and ensure the Council has time to consider all the agenda items. A member of the public may only provide one comment per agenda item.
In-Person Comment on Agenda Items
Each speaker must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak indicating which item they wish to speak on. Speaker slips may not be turned in prior to the day of the meeting or after completion of in-person testimony.
In person testimony will conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if they represent an organization or another person.
Each speaker may speak up to three minutes, for meeting management purposes, in addition to any time ceded by other members of the public who are present at the meeting and have submitted a speaker slip ceding them time. These speaker slips should be submitted together at one time to the City Clerk. The Council President may also limit organized group presentations of five or more persons to 15 minutes or less.
Virtual Public Comment on Agenda Items
Members of the public may participate virtually (by telephone or internet streaming) as indicated below. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
Each speaker may speak up to three minutes, for meeting management purposes. Speakers participating virtually may not allocate their time to other speakers.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will Monday, February 27, 2023
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be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
Non-Agenda Public Comment
Every agenda for a regular Council meeting shall provide a period on the agenda for members of the public to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. Non-Agenda Public Comment shall be subject to the exercise of the Council President’s discretion for a given agenda.
In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:
Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, firstserved basis, however, priority may be given to speakers who have not addressed the legislative body during Non-Agenda Public Comment at the last regularly scheduled Council meeting. A member of the public may only provide one non-agenda comment per agenda.
In-Person Non-Agenda Public Comment
Each speaker who wishes to address the Council must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak. Speaker slips may not be turned in prior to the meeting date or after completion of in-person testimony. In-person testimony shall conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if representing an organization or another person.
Virtual Non-Agenda Public Comment
Members of the public may participate virtually (by telephone or internet streaming) as indicated on the meeting agenda. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may also be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Written Materials. Instead of submitting written materials as an attachment to the webform you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external)
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Joining the Webinar and Offering Phone-in Testimony
The City Council meetings will continue to be held virtually using the Zoom Webinar platform.
Members of the public can offer public comment on agendized items or during Non-Agenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line. To raise your hand via a phone-in please press *9 and unmute when the Clerk calls on you by pressing *6. If you are participating via the webinar platform please press the raise your hand icon and the unmute button when prompted.
Please click the link below to join the webinar:
https://sandiego.zoomgov.com/j/1601143486
To join by telephone: Dial 1-669-254 5252
When prompted, input Webinar ID: 160 114 3486